Best Legal Malpractice Lawyers in Maryland

About Legal Malpractice Law in Maryland, United States

Legal malpractice occurs when an attorney fails to perform their legal duties competently, causing harm to their client. In Maryland, these cases are governed by state law, which outlines when and how an attorney may be held responsible for mistakes, negligence, or intentional wrongdoing. To pursue a legal malpractice claim, a client generally needs to show that their attorney did not meet the accepted standard of care and that this directly led to a negative outcome or financial loss.

Why You May Need a Lawyer

There are a variety of situations where you might consider seeking legal help for a potential legal malpractice case in Maryland:

• Your attorney missed a crucial deadline, resulting in your case being dismissed.
• Your attorney improperly handled your case by failing to file necessary documents or appear in court.
• You suspect your attorney had a conflict of interest that affected the outcome of your legal matter.
• Your attorney gave you incorrect legal advice that resulted in financial or legal harm.
• Your attorney misused funds that were supposed to be held in trust for you.
• Your lawyer settled your case without your consent or against your express wishes.

A qualified attorney can evaluate whether your former lawyer's actions constitute legal malpractice and help you understand what remedies may be available.

Local Laws Overview

In Maryland, legal malpractice is typically pursued under negligence law. To win a legal malpractice case, you must prove four essential elements:

• The existence of an attorney-client relationship establishing a duty of care.
• A breach of that duty by the attorney, often measured against the standard of what a reasonably competent lawyer would have done under similar circumstances.
• Causation, meaning that the attorney’s actions (or lack of action) directly caused harm.
• Damages, meaning you suffered an actual financial loss or legal injury.

Maryland law imposes a statute of limitations on legal malpractice claims, which is generally three years from the date when the client knew or should have known about the potential malpractice. Maryland courts also require expert testimony to establish the standard of care and prove whether it was breached. Some cases may involve additional claims such as breach of fiduciary duty or contract, depending on the circumstances.

Frequently Asked Questions

What is legal malpractice?

Legal malpractice happens when an attorney fails to provide professional services to a client in a manner consistent with the standard of care required by law, resulting in harm.

How do I know if I have a legal malpractice case in Maryland?

You may have a case if you had an attorney-client relationship, the lawyer acted negligently, and you suffered actual damage as a result. Consulting with another attorney is the best way to evaluate your situation.

What is the statute of limitations for legal malpractice in Maryland?

Generally, you must file your claim within three years from the date you discovered or should have discovered the malpractice.

What kind of damages can I recover in a legal malpractice case?

Typically, you can recover damages that would have been awarded in the original legal matter had the malpractice not occurred, as well as any costs directly related to correcting the lawyer’s errors.

Do I need an expert witness?

Yes, in most cases Maryland law requires expert testimony to prove that an attorney breached the required standard of care.

Can I sue my lawyer for making any mistake?

Not every mistake is legal malpractice. The mistake must be one that no reasonably competent attorney would have made, and it must have caused you harm.

What should I do if I suspect legal malpractice?

Gather any relevant documents, records, and communications with your attorney, then consult a lawyer experienced in malpractice claims as soon as possible.

Will filing a complaint with the Maryland Attorney Grievance Commission help me recover damages?

No, the Attorney Grievance Commission investigates and disciplines attorneys but does not award compensation to clients. You will need to file a separate civil lawsuit to recover monetary damages.

Can I sue an attorney for ethical violations?

You may file an ethics complaint with the Maryland Attorney Grievance Commission, but a malpractice lawsuit requires that the violation also caused you financial damages.

How much does it cost to pursue a legal malpractice case?

Costs can vary. Some lawyers handle malpractice cases on a contingency basis, while others may charge hourly fees. It is important to discuss fees and payment arrangements in your first consultation.

Additional Resources

If you need further information or assistance related to legal malpractice in Maryland, consider these resources:

• Maryland State Bar Association - Offers lawyer referral services and legal information.
• Maryland Attorney Grievance Commission - Handles complaints about attorney ethics and professional conduct.
• Maryland Courts Self-Help Centers - Provides legal information for Maryland residents.
• Maryland Legal Aid - Offers free or low-cost legal help to qualified individuals.
• Local law libraries - Can provide access to legal materials and guidance on researching malpractice law.

Next Steps

If you believe you may have a legal malpractice claim in Maryland, consider taking the following steps:

• Collect all documentation related to your legal matter and communications with your former attorney.
• Write a summary of what happened, including important dates and details.
• Contact a lawyer who concentrates on legal malpractice for an initial consultation. Many attorneys will evaluate these cases at no cost or for a nominal fee.
• Understand your options and the time limits for filing a claim, as waiting too long could impact your ability to recover damages.
• If appropriate, consider filing a complaint with the Maryland Attorney Grievance Commission in addition to any civil claim.

Acting promptly and seeking knowledgeable advice is essential to protecting your rights and interests after experiencing potential legal malpractice.